The humanitarian and compassionate assessment: Requirement to apply for permanent residence from outside Canada

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

Applies to

  • in Canada
  • overseas

It is a cornerstone of IRPA that foreign nationals who wish to live permanently in Canada must do both of the following before coming to Canada:

  • submit their application outside Canada
  • qualify for and obtain a permanent resident visa.

Foreign nationals do not have the right to apply for permanent residence from within Canada except as provided by the legislation. Foreign nationals who do not qualify under IRPA to apply from within Canada must, request an exemption from the requirement to be a member of a class referred to in R72(2). A25(1) provides the flexibility to grant an exemption to approve deserving cases that were not anticipated in the legislation and to process applications for permanent residence from within Canada.

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